Property Ownership
In New York, real property owned by a married person who dies without a will (intestate) will typically pass according to:
AThe surviving spouse receives everything automatically
BNew York's intestacy laws (EPTL), which may distribute property to the spouse and children✓ Correct
CThe broker's commission agreement
DThe last recorded deed only
Explanation
When a person dies intestate (without a will) in New York, their real property passes according to the Estates, Powers and Trusts Law (EPTL) intestacy provisions, which generally distribute the estate to the surviving spouse and descendants in specified proportions.
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Key Terms to Know
Deed
A written legal instrument used to transfer ownership of real property from one party (grantor) to another (grantee).
Joint TenancyCo-ownership where two or more people hold equal, undivided interests with the right of survivorship — when one owner dies, their share passes to the surviving owners.
Life EstateA freehold interest in real property that lasts only for the duration of a specified person's life.
EasementA non-possessory right to use another person's land for a specific purpose.
Math Concepts
State-Specific Concepts
DRE Regulation
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